Need Case Resolution

[socrateaser]

>And for the record, I am COMPLETELY in agreement with you on
>paying over guidelines.  At the time, her offer was that if
>hed agree to the amount, she wouldnt raise the issue of legal
>fees and signed the stipulation.   Our atty at the time said
>that since legal fees werent even mentioned in the signed
>stipulation it would be assumed that she made the settlement
>without any reimbursement of legal fees.  Hes now finding out
>that he was duped on that one.

He wasn't duped. He was misinformed. Negligence, not fraud. The court retains jurisdiction to address any matter not addressed by the parties. Any attorney shoud know this, so I'm not sure which box of Crackerjack these attorneys received their diploma from.

>Does he need to file a guidelines worksheet showing what
>guidelines would have been before he goes to hearing?

He needs to be able to prove what he would have paid, had he not compromised for a greater amount. A worksheet would be good. Filing it as evidence, with a brief on the issues before the final hearing would be better.

[TwoBoys]

Poor choice of words on my part.  Youre right about just being given misinformation.

And yes, the attorney we had at the time was (as we later found out) wrong about MANY things which have ended up costing us already, such as this one.  BUT, we also later found out that our attorney and her attorney were old college roommates, so who knows what side our attorney was really on, if he was on anybodys side at all (he never seemed to give two flips about much of anything!).  He repeatedly filed the wrong documents, and even failed to file anything at all on more than one occasion (even though we gave it to him well in advance of its "due date").  Hes gone now though.

Thanks so much for all the information!  Youre wonderful!  

TwoBoys